R. v Allan Ellis T20087573 (2010)

Middlesborough Crown Court
Document type
Court Decision
Country
On the basis of the infringing activities occurring on his website, the operator of Oink’s Pink Palace (which was a BitTorrent-oriented music sharing website running a torrent tracker) was charged with conspiracy to defraud. The court found that the defendant operator acted dishonestly and refused to apply the E-Commerce Regulations’ “mere conduit” safe harbour (see above), stating that this provision is aimed at principally legitimate operations, and Oink’s Pink Palace doesn’t count as such. However, the defendant was ultimately acquitted by the jury.
Country
Year
2010
Topic, claim, or defense
Copyright
Document type
Court Decision
Issuing entity
Lowest Domestic Court
Type of service provider
Host (Including Social Networks)
P2P
Issues addressed
Trigger for OSP obligations
OSP obligation considered
Block or Remove
Type of law
Civil
General effect on immunity
Mixed/Neutral/Unclear